• Our booking engine at tickets.railforums.co.uk (powered by TrainSplit) helps support the running of the forum with every ticket purchase! Find out more and ask any questions/give us feedback in this thread!

ADVICE: Notice pay

Status
Not open for further replies.

anti-pacer

Established Member
Joined
5 Jun 2013
Messages
2,312
Location
Narnia
I handed my notice in on 1st April 2019 (not a joke!) offering to work until 10th May as I'd overused my holiday to that date. As I had been off sick for some time, they replied by email accepting my notice, and advising I didn't need to work it, and that I would receive a month's pay in lieu of notice, but would be deducting holiday I had not yet accrued. Fair enough, happy days. This email was from my team leader.

Today I receive a letter from my former employer saying my employment was terminated on 1st April and I would be paid to that date, which I already have been paid, so effectively saying contradicting what I'd previously been told about notice pay.

I am waiting to hear back from them, but can they do this? I offered to work the notice, they didn't require me to. There are no disciplinary issues so they can't use this an excuse.

Any advice would be gratefully received. Thanks.
 
Sponsor Post - registered members do not see these adverts; click here to register, or click here to log in
R

RailUK Forums

DarloRich

Veteran Member
Joined
12 Oct 2010
Messages
29,182
Location
Fenny Stratford
You might be able to: Check your home insurance to see if you have any cover, contact citizens advice bureau , look for a no win no fee solicitor locally or nationally. I suspect the issue is that the team leader was not empowered to make such statements but that having made them you are entitled to rely on them.
 
Last edited:

sprunt

Member
Joined
22 Jul 2017
Messages
1,156
Some employment solicitors offer a free initial appointment - if you can find one of those near you it might be worth getting in touch.
 

Typhoon

Established Member
Joined
2 Nov 2017
Messages
3,488
Location
Kent
If you are a Union member some Unions offer free legal assistance.
 

LCC106

Established Member
Joined
16 Nov 2011
Messages
1,301
Suggest you ring ACAS for free advice. Give them a google.
 

yorkie

Forum Staff
Staff Member
Administrator
Joined
6 Jun 2005
Messages
67,438
Location
Yorkshire
What is the notice period you have to give in your contract?
Indeed, that's the crucial thing we need to know in order to advise.

I'm also a bit puzzled regarding what "offering to work until 10th May as I'd overused my holiday to that date" means?
 

ainsworth74

Forum Staff
Staff Member
Global Moderator
Joined
16 Nov 2009
Messages
27,542
Location
Redcar
I'm also a bit puzzled regarding what "offering to work until 10th May as I'd overused my holiday to that date" means?

If I'm reading it right @anti-pacer is leaving part way through a holiday year.

Holiday accrues as you work but most places calculate your entitlement on the assumption that you'll work the full holiday year and let you use it as you like through each holiday year. But, because it accrues as you work, this means that you can get into the situation where you've taken more holiday than you're entitled to as you've not yet worked enough to earn it. If you've taken more holiday than you're entitled to then your employer is technically entitled to some money back from you as effectively they've paid you for work you haven't done.
 

route101

Established Member
Joined
16 May 2010
Messages
10,595
If I'm reading it right @anti-pacer is leaving part way through a holiday year.

Holiday accrues as you work but most places calculate your entitlement on the assumption that you'll work the full holiday year and let you use it as you like through each holiday year. But, because it accrues as you work, this means that you can get into the situation where you've taken more holiday than you're entitled to as you've not yet worked enough to earn it. If you've taken more holiday than you're entitled to then your employer is technically entitled to some money back from you as effectively they've paid you for work you haven't done.

Once took too much holiday in a period and had to pay it back £7 a month
 

Iskra

Established Member
Joined
11 Jun 2014
Messages
7,787
Location
West Riding
Notice periods work both ways. So you are entitled to work your notice. If they don't want you to work, they can put you on gardening leave until your notice period ends.

What was your official notice period?

They may however, deduct any holiday pay that you have taken that you have not actually earnt from your final salary.

You do not need to see a solicitor yet. Simply write to your line manager or HR, explaining things. You need to make a reasonable attempt to resolve the situation through them before escalating.

How long did you work for them?
 

Crossover

Established Member
Joined
4 Jun 2009
Messages
9,247
Location
Yorkshire
I'm no legal expert, but my understanding is similar to that suggested by yorkie and ainsworth74 - it will depend on what your contract states in the first instance

I don't believe a solicitor is relevant advice at this point in time and is probably jumping the gun a little bit

If I'm reading it right @anti-pacer is leaving part way through a holiday year.

Holiday accrues as you work but most places calculate your entitlement on the assumption that you'll work the full holiday year and let you use it as you like through each holiday year. But, because it accrues as you work, this means that you can get into the situation where you've taken more holiday than you're entitled to as you've not yet worked enough to earn it. If you've taken more holiday than you're entitled to then your employer is technically entitled to some money back from you as effectively they've paid you for work you haven't done.

That is how I have read it - not an issue I have had myself but have had some involvement in trying to pro-rata holiday entitlement for changes in contracted hours during a holiday year...fun fun!
 

ainsworth74

Forum Staff
Staff Member
Global Moderator
Joined
16 Nov 2009
Messages
27,542
Location
Redcar
Oh yes I also agree with @Crossover and @Iskra regarding getting a solicitor involved. Right now that's definitely overkill. Far better to resolve things informally with your employer directly. To be honest it's probably misunderstanding if it's come from a different department (the dreaded Human Remains sorry, I mean Resources)

That is how I have read it - not an issue I have had myself but have had some involvement in trying to pro-rata holiday entitlement for changes in contracted hours during a holiday year...fun fun!

Oh god, don't get me started. Fiddling with anything when it involves the words "pro-rata" and "during a year" is going to be an absolute pain in the posterior.
 

anti-pacer

Established Member
Joined
5 Jun 2013
Messages
2,312
Location
Narnia
Sorry for the delay in replying.

Working until 10th May was so I got paid a full month for the month of April, and then would work 7 days to pay the holiday back that I'd not yet accrued.

I had passed my probation, and a notice period of 1 month is applicable on both sides. They didn't want me to work it and I was told on an email I would be paid 1 months pay in lieu of notice. The letter however states I will be paid until 1st April - the day I handed in my notice.
 

Bletchleyite

Veteran Member
Joined
20 Oct 2014
Messages
97,540
Location
"Marston Vale mafia"
Sorry for the delay in replying.

Working until 10th May was so I got paid a full month for the month of April, and then would work 7 days to pay the holiday back that I'd not yet accrued.

I had passed my probation, and a notice period of 1 month is applicable on both sides. They didn't want me to work it and I was told on an email I would be paid 1 months pay in lieu of notice. The letter however states I will be paid until 1st April - the day I handed in my notice.

Could it be a simple clerical error, or do they have a history of being wilfully awkward?
 

Iskra

Established Member
Joined
11 Jun 2014
Messages
7,787
Location
West Riding
Sorry for the delay in replying.

Working until 10th May was so I got paid a full month for the month of April, and then would work 7 days to pay the holiday back that I'd not yet accrued.

I had passed my probation, and a notice period of 1 month is applicable on both sides. They didn't want me to work it and I was told on an email I would be paid 1 months pay in lieu of notice. The letter however states I will be paid until 1st April - the day I handed in my notice.

Okay.

So morally, they owe you that money. Politely write to the HR department (or relevant person) explaining all this including a copy of the email which says you should be paid in lieu of notice. Send it signed for delivery and keep the postage receipt.

They should then pay up if they are a reasonable employer.

For now, just do the above, then report back here if you have any further issues as that is when things will become more complex.
 

yorkie

Forum Staff
Staff Member
Administrator
Joined
6 Jun 2005
Messages
67,438
Location
Yorkshire
I don't think you have the right to work any additional time on top of your notice period; if you have taken more time off than your pro-rata entitlement, this should be deducted from your final pay.

Equally though, they have no right to refuse to pay you for the notice period.
 

Iskra

Established Member
Joined
11 Jun 2014
Messages
7,787
Location
West Riding
I don't think you have the right to work any additional time on top of your notice period; if you have taken more time off than your pro-rata entitlement, this should be deducted from your final pay.

Equally though, they have no right to refuse to pay you for the notice period.

Yes, exactly, he should be paid to the end of the agreed notice period, but no more. Then there should be a deduction for the holiday that was taken beyond that what was accrued through working.
 

anti-pacer

Established Member
Joined
5 Jun 2013
Messages
2,312
Location
Narnia
I don't think you have the right to work any additional time on top of your notice period; if you have taken more time off than your pro-rata entitlement, this should be deducted from your final pay.

Equally though, they have no right to refuse to pay you for the notice period.

And that's what they said they were going to do. 1 months pay in lieu of notice, with the over taken holiday deducted. I was fine with that.
 

anti-pacer

Established Member
Joined
5 Jun 2013
Messages
2,312
Location
Narnia
Yes, exactly, he should be paid to the end of the agreed notice period, but no more. Then there should be a deduction for the holiday that was taken beyond that what was accrued through working.

Agreed.
 

anti-pacer

Established Member
Joined
5 Jun 2013
Messages
2,312
Location
Narnia
So all you need to do is write to them for the moment. This shows you to be reasonable and gives them the opportunity to sort it out.

I'm waiting for a call back tomorrow, and I'm hoping they've just sent me a standard letter and not amended that part.

We'll see though!
 

Crossover

Established Member
Joined
4 Jun 2009
Messages
9,247
Location
Yorkshire
I don't think you have the right to work any additional time on top of your notice period; if you have taken more time off than your pro-rata entitlement, this should be deducted from your final pay.

Equally though, they have no right to refuse to pay you for the notice period.

No, there wouldn’t be a right to work the extra time to make up for the non-accrued holiday, but equally, some companies, in the right circumstances, may come to such an arrangement (or could accept a voluntary extension to the notice period for other reasons, I have known it happen, be it infrequently)
 

Crossover

Established Member
Joined
4 Jun 2009
Messages
9,247
Location
Yorkshire
Sorry for the delay in replying.

Working until 10th May was so I got paid a full month for the month of April, and then would work 7 days to pay the holiday back that I'd not yet accrued.

I had passed my probation, and a notice period of 1 month is applicable on both sides. They didn't want me to work it and I was told on an email I would be paid 1 months pay in lieu of notice. The letter however states I will be paid until 1st April - the day I handed in my notice.

Again, as others have said, what does your Contract of Employment state, as this will be the ultimate governor of what recourse you have, I believe

It’s worth noting the arrangements for accruing leave as well - I have a feeling in my case, one may cease to accrue leave on the date notice is given (it’s a while since I read my Contract, but I’m sure it to be the case)
 

anti-pacer

Established Member
Joined
5 Jun 2013
Messages
2,312
Location
Narnia
**UPDATE**

It was an error on their part and I am getting paid. I've now got an email to confirm.

Thanks for all your help guys, it is very much appreciated.
 
Status
Not open for further replies.

Top